Novell has had practice with a previous Jury and is prepared for the next
one.
Unless the Judge actually plays by the rules BSF seems to
want:
Only allow our side to present evidence, not the other!
And
thereby - effectively - prevents Novell from presenting a case while Microsoft
is allowed to present a defense...
Given the response of the Appeals
Court with regards the Judge previously ruling Novell didn't have a case... I
wouldn't expect it to accept such behavior on the part of the Judge. And if
they have to over-rule him again - they might just issue an order saying another
Judge needs to be assigned. Of course, they could keep sending it back to him
till he gets it right too.... kinda makes you wonder how many times he'd be
willing to repeat the process before realizing he needs to either be fair to
Novell or give up the case to someone else who can.
Perhaps this next
trial will have everyone agree MS is guilty of both anti-competitive behavior
and damages!
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